False Advertising Papa JohnĂ˘â‚¬â„˘s International, Inc., is the third-largest pizza chain in the United States, with more than 2,050 locations. Papa JohnĂ˘â‚¬â„˘s adopted a new sloganĂ˘â‚¬â€ť Ă˘â‚¬Ĺ“Better Ingredients. Better Pizza.Ă˘â‚¬ÂťĂ˘â‚¬â€ťand applied for and received a federal trademark for this slogan. Papa JohnĂ˘â‚¬â„˘s spent over $300 million building customer recognition and goodwill for this slogan. This slogan has appeared on millions of signs, shirts, menus, pizza boxes, napkins, and other items, and it has regularly appeared as the tag line at the end of Papa JohnĂ˘â‚¬â„˘s radio and television advertisements.
Pizza Hut, Inc., is the largest pizza chain in the United States, with more than 7,000 restaurants. Pizza Hut launched a new advertising campaign in which it declared Ă˘â‚¬Ĺ“warĂ˘â‚¬Âť on poorquality pizza. The advertisements touted the Ă˘â‚¬Ĺ“better tasteĂ˘â‚¬Âť of Pizza HutĂ˘â‚¬â„˘s pizza and Ă˘â‚¬Ĺ“daredĂ˘â‚¬Âť anyone to find a better pizza. Pizza Hut also filed a civil action in federal court, charging Papa JohnĂ˘â‚¬â„˘s with false advertising in violation of Section 43(a) of the federal Lanham Act. What is false advertising? What is puffery? How do they differ from one another? Are consumers smart enough to see through companiesĂ˘â‚¬â„˘ puffery? Is the Papa JohnĂ˘â‚¬â„˘s advertising slogan Ă˘â‚¬Ĺ“Better Ingredients. Better PizzaĂ˘â‚¬Âť false advertising? Pizza Hut, Inc. v. Papa JohnĂ˘â‚¬â„˘s International, Inc., 227 F.3d 489, Web 2000 U.S. App. Lexis 23444 (United States Court of Appeals for the Fifth Circuit)
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